Agenda

Adjournment to 22 July 2020, Full Council
Wednesday 15th July 2020 6.00 pm

Venue: Council Chamber & Blue Room - CC & PG. View directions

Contact: Jane Fulton (Ext 37611) 

Note: Items 12 to 44 on the agenda deferred to 22 July 2020 - meeting starts at 6.00 pm 

Items
No. Item

1.

Apologies for absence

2.

Declarations of interest

Members and Officers are invited to make any declarations of pecuniary, personal and/or prejudicial interests that they may have in relation to items on this agenda, and are reminded that they should re-declare their interest before consideration of the item or as soon as the interest becomes apparent.

 

Members and Officers should make their declaration by stating:

 

a)  the item they have the interest in

b)  whether it is a pecuniary, personal and/or prejudicial interest

c)  the nature of the interest

d) if it is a pecuniary or prejudicial interest, whether they will be exercising their right to speak under Question Time

3.

Public Question Time pdf icon PDF 355 KB

To receive questions from the public (for a period of up to 15 minutes)

4.

Questions from Members with Pecuniary/Prejudicial Interests

To receive questions from Members with pecuniary/prejudicial interests (for a period of up to 15 minutes)

5.

Petitions

To consider any petitions received from the public.

6.

Minutes pdf icon PDF 176 KB

To approve as a correct record the Minutes of the Annual Council Meeting held on 20 May 2020, which are attached.

7.

Chairman's Announcements

 

In view of the size of this agenda, the Chairman has confirmed that if it is necessary she will adjourn the meeting at a set time if there are still many items that have not been considered in line with Council Procedure Rule 15 [Motions without Notice[ (i) to adjourn a meeting.  All remaining items would be considered at a further meeting to be held on 22 July 2020 at 6.00 pm.  

8.

Urgent Matters

To deal with business not otherwise specified in the Council summons which, in the opinion of the Chairman of the Council (in consultation with the Chief Executive), is business of such urgency as to require immediate attention by the Council.

Change to the Order of the Agenda

Due to the size of this agenda, with the agreement of the Chairman of the Council, the following items will be considered as the first business on this agenda as they have recommendations that are of an essential nature:

 

9.

Financial Support to the Leisure Operating Contract pdf icon PDF 182 KB

Freedom Leisure is in receipt of a Council support package in response to the Government directive to close the Council’s leisure centres due to the COVID-19 pandemic.  This report sets out the current situation and options to maintain the future viability of the leisure operating contract.

10.

Constitution Working Party - 29 June 2020 pdf icon PDF 260 KB

            The Chairman, Councillor Mrs Yeates, will present the Minutes from the Constitution Working Party meeting held on 29 June 2020.  There are recommendations at:

 

o   Minute 5 [Proposed Constitutional Update to Part 6 – Other Procedure Rules – Section 6 – Standing Orders Relating to Purchasing, Procurement, Contracts and Disposals – to view the Officer’s report and Appendix  – please click on this link – Report and Appendix showing amendments

o   Minute 6 [Virtual Meeting Procedure Rules] – to view the Officer’s report and Appendix – please click on this link - Report and Appendix showing amendments

o   Minute 7 – Constitutional Review – There are no reports to view as this was a verbal update – the Appendix 1 that requires Full Council approval is attached to the Minutes from this meeting

Additional documents:

11.

Standards Committee - 20 February 2020 pdf icon PDF 122 KB

The Chairman, Councillor English, will present the Minutes from the meeting of the Standards Committee held on 20 February 2020.  There are recommendations at:

 

o       Minute 464 [Appointment of Two Additional Independent Persons to the Standards Committee] – to view the Officer’s report – please click on this link - Report

 

 

Reports from Cabinet, Overview Select, Regulatory and Standards Committees, and from Working Parties and Working Groups

12.

Development Control Committee - 8 January 2020 pdf icon PDF 201 KB

          The Chairman, Councillor Bennett, will present the Minutes from the meeting of the Development Control Committee held on 8 January 2020.  There are no recommendations.

 

13.

Cabinet - 13 January 2020 pdf icon PDF 215 KB

The Chairman, Councillor Dr Walsh, will present the Minutes from the meeting of Cabinet held on 13 January 2020.  There is one recommendation at:

 

o    Minute 370 – [Audit & Governance Committee – 21 November 2019 – Minute 311 – Update on Progress of the Council’s Property Investment Fund] – to view the Officer’s report please click on this link - Report

 

Additional documents:

14.

Special Overview Select Committee - 14 January 2020 pdf icon PDF 144 KB

The then Chairman, Councillor Coster, will present the Minutes from the Special Meeting of the Overview Select Committee held on 14 January 2020.  There are no recommendations.

 

15.

Licensing Committee - 24 January 2020 pdf icon PDF 106 KB

The Chairman, Councillor B Blanchard-Cooper, will present the Minutes from the Licensing Committee held on 24 January 2020.  There are no recommendations.

 

16.

Overview Select Committee - 28 January 2020 pdf icon PDF 179 KB

The then Chairman, Councillor Coster, will present the Minutes from the meeting of the Overview Select Committee held on 28 January 2020.  There are no recommendations.

 

17.

Bognor Regis Regeneration Sub-Committee - 4 February 2020 pdf icon PDF 135 KB

The Chairman, Councillor Stanley, will present the Minutes from the meeting of the Bognor Regis Regeneration Sub-Committee held on 4 February 2020.  There are no recommendations.

 

18.

Development Control Committee - 5 February 2020 pdf icon PDF 154 KB

The Chairman, Councillor Bennett, will present the Minutes from the meeting of the Development Control Committee held on 5 February 2020.  There are no recommendations.

 

19.

Housing & Customer Services Working Group - 6 February 2020 pdf icon PDF 145 KB

The Chairman, Councillor Bennett, will present the Minutes from the meeting of the Housing & Customer Services Working Group held on 6 February 2020.  There are no recommendations.

 

20.

Cabinet - 10 February 2020 pdf icon PDF 246 KB

The Chairman, Councillor Dr Walsh, will present the Minutes from the meeting of Cabinet held on 10 February 2020 with the exception of Minute 433 [Council Budget 2020/21] which was dealt with at the Special Meeting of the Council held on 19 February 2020.  There are therefore no recommendations.

Additional documents:

21.

Electoral Review Sub-Committee - 11 February 2020 pdf icon PDF 123 KB

The Vice-Chairman, Councillor Jones, will present the Minutes from the Electoral Review Sub-Committee held on 11 February 2020.  There are no recommendations.

 

22.

Audit & Governance Committee - 13 February 2020 pdf icon PDF 158 KB

The Vice-Chairman, Councillor Mrs Haywood, will present the Minutes from the meeting of the Audit & Governance Committee held on 13 February 2020.  There are recommendations at:

 

o   Minute 442 [Capital Strategy] – to view the Officer’s report – please click on this link - Report and Appendix

o   Minute 443 [Treasury Management Strategy Statement and Annual Investment Strategy] – to view the Officer’s report and appendices – please click here Report

 

23.

Planning Policy Sub-Committee - 25 February 2020 pdf icon PDF 230 KB

The Chairman, Councillor Mrs Yeates, will present the Minutes from the meeting of the Planning Policy Sub-Committee held on 25 February 2020.  There are recommendations at:

 

o       Minute 30 [Revocation of Older Supplementary Planning Documents and Supplementary Planning Guidance] – to view the Officer’s report – please click on this link – Report

o       Minute 35 [High Level Development Principles for the Barnham/Eastergate/Westergate (BEW) Strategic Planning Allocation] – to view the Officer’s report – please click on this link - Report

 

           

 

 

24.

Environment & Leisure Working Group - 27 February 2020 pdf icon PDF 220 KB

The Chairman, Councillor Mrs Staniforth, will present the Minutes from the meeting of the Environment & Leisure Working Group held on 27 February 2020.  There are no recommendations.

 

25.

Development Control Committee - 4 March 2020 pdf icon PDF 264 KB

            The Vice-Chairman, Councillor Ms Thurston, will present the Minutes from the meeting of the Development Control Committee held on 4 March 2020.  There are no recommendations.

26.

Cabinet - 9 March 2020 pdf icon PDF 262 KB

The Chairman, Councillor Dr Walsh, will present the Minutes from the meeting of Cabinet held on 9 March 2020.  There are recommendations at:

 

o   Minute 497 [Corporate Plan 2018-2022 Quarter Two Performance Report for the period 1 July to 30 September 2019] – to view the Officer’s report – please click on this link – Report

o   Minute 499 [Public Realm Projects in Bognor Regis – The Sunken Gardens and Place St Maur] – to view the Officer’s report – please click on this link - Report

 

Additional documents:

27.

Overview Select Committee - 10 March 2020 pdf icon PDF 251 KB

The then Chairman, Councillor Coster, will present the Minutes from the meeting of the Overview Select Committee held on 10 March 2020.  There are no recommendations.

 

 

28.

Cabinet - 29 April 2020 pdf icon PDF 232 KB

The Chairman, Councillor Dr Walsh will present the Minutes from the meeting of Cabinet held on 29 April 2020.  There are no recommendations.

 

Additional documents:

29.

Development Control Committee - 26 May 2020 pdf icon PDF 126 KB

The Chairman, Councillor Bennett, will present the Minutes from the Development Control Committee held on 26 May 2020.  There are no recommendations.

 

30.

Cabinet - 1 June 2020 pdf icon PDF 153 KB

 

            The Chairman, Councillor Dr Walsh, will present the Minutes from the meeting of Cabinet held on 1 June 2020.  There are no recommendations.

 

 

Additional documents:

31.

Development Control Committee - 3 June 2020 pdf icon PDF 206 KB

The Chairman, Councillor Bennett, will present the Minutes from the Development Control Committee held on 3 June 2020.  There are no recommendations.

 

32.

Overview Select Committee - 9 June 2020

            The Minutes from the meeting of the Overview Select Committee held on 9 June 2020 are not ready to present to this meeting.

 

           

33.

Littlehampton Regeneration Sub-Committee - 10 June 2020 pdf icon PDF 138 KB

The Chairman for the meeting, Councillor Cooper, will present the Minutes from the Littlehampton Regeneration Sub-Committee held on 10 June 2020.  There are no recommendations.

 

           

 

34.

Bognor Regis Regeneration Sub-Committee - 17 June 2020 pdf icon PDF 120 KB

The Chairman, Councillor Stanley, will present the Minutes from the meeting of the Bognor Regis Regeneration Sub-Committee held on 17 June 2020.  There are no recommendations.

 

           

 

35.

Cabinet - 22 June 2020 pdf icon PDF 140 KB

            The Chairman, Councillor Dr Walsh, will present the Minutes from the meeting of Cabinet held on 22 June 2020.  There are no recommendations.

 

           

 

 

Additional documents:

36.

Development Control Committee - 24 June 2020 pdf icon PDF 230 KB

The Chairman, Councillor Bennett, will present the minutes from the Development Control Committee held on 24 June 2020.  There are no recommendations.

 

           

 

37.

Planning Policy Sub-Committee - 30 June 2020 pdf icon PDF 128 KB

The Chairman, Councillor Mrs Yeates, will present the Minutes from the Planning Policy Sub-Committee held on 30 June 2020.  There are recommendations at:

 

o   Minute 6 [High Level Development Principles for the West of Bersted Strategic Planning Allocation] – to view the Officer’s report and Appendix – please click on this link – Report and Appendix

o   Minute 8 [Local List of Non-Designated Heritage Assets] – to view the Officer’s report – please click on this link - Report

o   Minute 9 [Arun Local Development Scheme] – to view the Officer’s report – please click on this link - Report

 

 

38.

Motions

The following Motion has been received from the Green and Independent Group in accordance with Council Procedure Rule 14.1 and 14.2, the detail of which is set out below:

 

This Council Notes



Paragraph 73 of the NPPF, on ‘maintaining supply and delivery’ requires planning authorities ‘to identify and update annually a supply of specific deliverable sites sufficient to provide a minimum of five years’ worth of housing against their housing requirement’. This deliverability rule is commonly known as the ‘5-year housing land supply’.

Unfortunately, this phrase leads to the misconception that councils that cannot demonstrate a 5-year land supply cannot do so because they have failed to allocate or approve sufficient sites. This is not the case for councils with adopted local plans which by definition would indeed have allocated sufficient land for housing.

For complete clarity, ‘land supply’ in this sense does not mean ‘supply of land’. An authority can have an adopted plan with sufficient sites allocated to meet its targets for the duration of the plan, say 15 years. In normal parlance, that would indicate a 15-year housing land supply. But if, for whatever reason, the developers fail to build out at rates to meet the council’s annual target  for a rolling 5 years, then it is the council that is deemed to have failed, not the developers.



The consequences of the land supply rules are catastrophic for local people. If developers fail to build out at the required rate on the sites allocated in the local plan, they themselves have created strong planning grounds for granting of planning permissions on new sites that they apply for; sites that were specifically not in the local plan.

We have the paradox of development occurring in just those places that were not allocated by councils. A council may attempt to defend the community and refuse planning permission for speculative development, but it is then likely to face the developers at appeal. This is time-consuming, extremely costly, and distressing, for the council and residents alike.



This consequent transfer of power away from local councils, namely the power to determine where homes should go, sits uneasily with the Localism Act of 2011 which aimed to ensure “that power should be exercised at the lowest practical level – close to the people who are affected by decisions”.



Development may stall for all sorts of reasons: the market may slow, and developers sensibly slow their build-out rate; they do not want to be left with homes they cannot sell, nor will they build to cause the market-price to drop. (And nor would anybody wish to see a housing crash). Very high house building targets in some areas around the country have never before been accomplished; and there can be shortages of skilled workers and materials. It is even in the interests of developers to ‘land-bank’.

George Freeman (Cons MP Mid Norfolk) summed this up in a House of Commons debate (Hansard, 4th July 2018): “developers are banking…permissions for later, because they know that  ...  view the full agenda text for item 38.

39.

Questions from Members pdf icon PDF 287 KB

To consider general questions from Members in accordance with Council Procedure Rule 13.3.

 

The schedule of questions to be asked together with responses will be emailed to Councillors and uploaded to the Full Council web pages once the deadline for the receipt of questions has passed.

Officer Reports

40.

Local Government Pension Scheme - Pensions Discretions for Arun District Council pdf icon PDF 314 KB

Arun District Council provides a staff pension scheme which is part of the Local Government Pension Scheme (LGPS).  It is a requirement under the LGPS Regulations for each scheme employer to formulate, publish and keep under review how it will deal with a number of discretionary areas within the LGPS rules.  This paper sets out where we propose to make minor changes to our local discretions with an explanation for those changes and describes the consultation process.   Full Council is required to agree any changes to the Pension Scheme.

 

Additional documents:

41.

Pay Policy Statement - 2020/21 pdf icon PDF 135 KB

The Localism Act 2011, Section 38(1) requires that local authorities prepare an annual Pay Policy Statement.  This statement explains what the Council’s policies are on a range of issues relating to the pay of the workforce.  The statement is prepared for each financial year and requires approval at Full Council for publication on the Council’s website.

 

Additional documents:

42.

Constitutional Amendment - Council Procedure Rule 27 [Substitution] pdf icon PDF 469 KB

This report seeks an amendment to Part 5, Section 1 of the Council’s Constitution to remove the practice of substitution rules applying to the membership of the Licensing Committee in line with legal advice.

 

43.

Committee Memberships

Any changes to Committee Memberships that need noting by the Council will be reported at the meeting.

44.

Representation on Outside Bodies

The Council is asked to approve any changes to its representation on Outside Bodies.